Fantasy Sports Venture Partners with NBA Franchises

June 24, 2015 This week, industry leader FanDuel announced that it has agreed to exclusive multi-year partnerships with 13 individual National Basketball Association (“NBA”) franchises. This announcement follows FanDuel’s announcement from the fall of 2014 regarding its exclusive 4-year deal with the NBA itself, in which the NBA gained an equity stake in the company, […]

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FCC Narrowly Adopts TCPA Declaratory Ruling

June 23, 2015 In its Open Meeting last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) adopted what has been called a “package of declaratory rulings.” The narrowly passed TCPA Declaratory Ruling and Order (FCC 15-72), which has not yet been officially released, will address 21 petitions and other requests for clarity concerning the

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Independent Contractor or Employee: How to Classify the People that Work for You.

June 22, 2015 Last week, the California State Division of Labor Standards Enforcement (DLSE) issued a ruling classifying a driver for popular car service, Uber, as an employee, rather than an independent contractor. While the ruling is, for now, limited to this specific Uber driver, the DLSE’s holding is indicative of a widespread national trend.

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TCPA Does Not Apply to Informational Faxes

June 19, 2015 On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides

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NJ Bill Would Offer Amusement Game Licenses to Certain Alcoholic Beverage Licensees

June 19, 2015 This Monday, the Assembly Regulatory Oversight Committee for the State of New Jersey (the “Committee”) reported favorably on Bill A4143, which would permit holders of certain alcoholic beverage licenses to also receive amusement game licenses. If enacted, the legislation will replace a provision of the Amusement Games Licensing Law (N.J.A.C.13:3-1.7) that currently

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FTC To Issue Refund Checks to Victims of Alleged Pyramid Scheme

June 17, 2015 This week, the Federal Trade Commission (“FTC”) announced that it will begin mailing out over 50,000 checks that will total approximately $1.9 million as redress for consumers victimized by a Ponzi scheme operated by BurnLounge, Inc. (“BurnLounge”).   The announcement comes nearly a year after the FTC prevailed on an appeal that ultimately

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FCC and NYAG Warn PayPal: That’s Not TCPA Consent

June 16, 2015 The hits just keep on coming for PayPal, Inc. (“PayPal”). Last Thursday, two days after PayPal and eBay, Inc. (“eBay”) received a list of demands from the New York Attorney General’s office (the “NYAG”), the Federal Communications Commission (the “FCC” or “Commission”) delivered a letter to PayPal, rejecting the company’s attempt at

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KMT’s David Klein Considers Pennsylvania’s New Online Gambling Bill

Odds improve for online gaming June 14, 2015 Regulate or delegate — that’s the question facing Pennsylvania legislators as bills to legalize online gambling gain traction. A new bill in the state Senate — SB 900, allows the state, among other things, to license operators to conduct Internet gaming. It’s a practice many say goes on illegally

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